When the stakes demand
board-certified
trial counsel.

The firm handles the full range of construction disputes: defect claims, construction lien enforcement and defense, payment bond claims, contract disputes between owners and contractors, and multi-party litigation involving design professionals. Brett A. Duker and Michael Heitman are both Board Certified in Construction Law by the Florida Bar.

Yes. In Florida, community associations can bring construction defect claims against developers, general contractors, and subcontractors, which require a pre-suit notice process under Chapter 558 of the Florida Statutes. The firm represents both condominium and HOA boards in pre-suit notice procedures, construction inspections, expert coordination, and litigation or arbitration of defect claims. With 1,000+ Florida associations as clients, the firm brings context to the full lifecycle of these disputes.

An appeal asks a higher court to review a lower court's decision for legal error; it is not a second trial, and not every unfavorable ruling can or should be appealed. In Florida, appeals from the circuit courts are heard by the district courts of appeal, and federal appeals go to the Eleventh Circuit. Deadlines to appeal are short and strict, and missing one can forfeit the right to review, so it is important to consult counsel promptly after a ruling. Counsel is also valuable before and during trial, because a clear record and preserved objections shape what arguments remain available later. Robert Rivas is Board Certified in Appellate Practice by the Florida Bar and chairs the firm's appellate law group, and Jeremy Dicker served as a career staff attorney to the Florida Supreme Court before entering private practice. This is general information about Florida law, not legal advice for a specific situation/matter.

When a business partner or counterparty breaks a contract, the non-breaching party generally has options ranging from negotiation and demand letters to mediation, arbitration, or filing suit for breach of contract. Depending on the facts, available remedies can include money damages for the loss caused by the breach and, in some cases, other relief a court may order. Many business contracts also set out their own dispute process and which state's law applies, so the contract itself is the starting point. The litigation group handles breach of contract claims, business tort matters, and partnership and shareholder disputes for Florida businesses, governmental entities, and not-for-profit organizations, and Joel D. Kenwood is Double Board Certified in both Civil Trial Law and Business Litigation Law by the Florida Bar. This is general information about Florida law, not legal advice for a specific situation/matter.

A construction lien (sometimes called a mechanics lien) is a claim recorded against real property by a contractor, subcontractor, or supplier who has not been paid for work or materials furnished to that property. Florida's Construction Lien Law, Chapter 713, governs the procedures for recording, serving, enforcing, and discharging liens. Litigation arises when a lien is disputed, when an owner seeks to transfer the lien to a bond, or when priority must be resolved among multiple lienholders and mortgage lenders. The firm represents both claimants and respondents in these proceedings.

Yes. The firm represents community associations in assessment lien foreclosure actions for both condominium associations and HOAs, including related priority disputes with mortgage lenders. Sachs Sax Caplan Kaskel & Schner, PLLC represents more than 1,000 community associations across Florida. That volume means the attorneys handling an enforcement action have seen the factual and procedural patterns that define these cases, and the community association and litigation groups coordinate when a matter moves from general counsel work to a courtroom.

Yes. Out-of-state parties and law firms with a case in Florida often retain local counsel to handle motions, hearings, service, and ongoing case management under Florida procedure and local court practice. Sachs Sax Caplan Kaskel & Schner, PLLC serves as Florida counsel to dozens of national and regional law firms in construction, commercial, and community association litigation matters, coordinating directly with lead counsel. This is general information about Florida law, not legal advice for a specific situation/matter.

Commercial litigation covers disputes that arise out of business relationships and transactions: breach of contract, business torts, partnership and shareholder disagreements, construction and lien claims, and community association matters that reach a courtroom. A commercial litigator can advise on whether a dispute is better resolved through negotiation, mediation, or arbitration before suit, and can represent a party through trial and any appeal if it proceeds. The firm handles these matters in Florida's state circuit courts and federal district courts, with concentration in construction defect, community association enforcement, and commercial disputes. This is general information about Florida law, not legal advice for a specific situation/matter.

Florida generally follows the American Rule: each party pays its own attorney's fees. One significant exception is the Proposal for Settlement mechanism, which lets a party in a damages action formally offer to settle and, if the other side unreasonably refuses, shift post-offer fees to the rejecting party. The substantive right comes from Florida Statutes Section 768.79, and the procedure is governed by Florida Rule of Civil Procedure 1.442, which the Florida Supreme Court overhauled effective January 1, 2026 (opinion SC2025-0045). Under the current rule, a settlement proposal to the other side must be served no earlier than 90 days after the action starts, and no later than 45 days before the first day of the trial docket. The other side has exactly 30 days to accept in writing; that window does not expand for electronic service. Fee-shifting kicks in if the refusing party later receives a judgment that is at least 25 percent worse than the offer. The 2026 rule also eliminated proposals with non-monetary conditions (other than a voluntary dismissal with prejudice), resolving years of litigation over whether a proposal was valid. The mechanism applies only to actions for monetary damages, not equitable claims. This is general information about Florida law, not legal advice for a specific matter.

Since January 1, 2025, Florida's civil courts operate under a mandatory case management system set out in Florida Rule of Civil Procedure 1.200 (revised under Florida Supreme Court opinion SC2023-0962). Within 120 days of a complaint being filed, the court must assign the case to one of three tracks and issue a Case Management Order with firm deadlines. Straightforward cases on the streamlined track are generally expected to reach trial readiness within 12 months; standard commercial cases on the general track, within 18 months; and cases with multiple parties, heavy expert testimony, or particularly complex legal questions on the complex track under Rule 1.201, on an individualized schedule. Deadlines in the Case Management Order are strictly enforced. Notices of attorney unavailability no longer toll CMO deadlines under the current rule, and continuances are disfavored. A party seeking to extend any deadline must show the extension does not displace the remaining dates in the order. Practical duration also depends on the volume and complexity of discovery, motions practice, and whether alternative dispute resolution resolves the matter before trial. This is general information about Florida law, not legal advice for a specific matter.

Florida has six District Courts of Appeal that review final judgments from the circuit courts. The Sixth District, created by the Florida Legislature and operational since January 1, 2023, covers the 9th, 10th, and 20th Judicial Circuits. Deadlines to file a notice of appeal are short and strict; missing one generally forfeits the right to review, so consulting appellate counsel promptly after a ruling is important. Florida appellate courts do not hold new trials or hear new evidence; they review the record made below for legal error. A judgment arrives on appeal with a presumption of correctness, and the burden falls on the party appealing to show the trial court committed reversible error. Under the Harmless Error doctrine (Florida Statutes Section 59.041), an error that did not affect the outcome will not result in reversal. The standard of review matters: pure questions of law receive de novo review; discretionary rulings receive a deferential abuse-of-discretion review; and factual findings in a bench trial are affirmed if the record contains competent, substantial evidence to support them. Interlocutory appeals - appeals of rulings before final judgment - are permitted only in narrow circumstances defined by the Florida Rules of Appellate Procedure. Robert Rivas is Board Certified in Appellate Practice by the Florida Bar and chairs the firm's appellate group. This is general information about Florida law, not legal advice for a specific matter.